[Adopted 9-28-1987 by Ord. No. 251]
Every construction contract in excess of $200,000 for new construction
and $50,000 for rehabilitation work to which the City of West Haven
is a party shall include a provision that the rate of wages and fringe
benefits or the cash equivalent for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by
the contract shall be not less than the prevailing rate of wages and
fringe benefits payments or cash equivalence for similar skills or
classifications of work as established by the State of Connecticut
through its Labor Department to be the prevailing rate for the City
of West Haven.
[Added 9-25-2000]
All contracts entered into by the City of West Haven for the
construction, alteration or repair of any public building work and
employing mechanics, laborers and workmen in the performance of work
under the contract shall incorporate the following provisions:
A. Concerning the employment of mechanics, laborers and workmen, the
contractor and all lower-tiered subcontractors shall give employment
preference to citizens of West Haven.
(1) The contractor and all lower-tiered subcontractors shall submit such
relevant documents and other information as may be requested by the
City of West Haven to determine compliance with this article. In order
to monitor compliance with the section, the City of West Haven may
request such relevant documents and documentation from the contractor
or from subcontractors at any time during the term of the contract.
The contractor shall comply with or arrange for compliance with all
such requests promptly.
(2) Prior to the commencement of performance of contracts governed by
this section, the contractor and all lower-tiered subcontractors
shall forward a written statement indicating the name, address and
occupational title of each mechanic, laborer and workman scheduled
to perform work for the contractor under the contract. All such amended
statements shall be filed before any new mechanic, laborer and workman
commences work under the contract.
B. All contracts entered into by the City of West Haven for the construction,
alteration or repair of any public building work shall contain the
following provision providing for equal opportunity in employment:
(1) The contractor and all lower-tiered subcontractors agree and warrant
that in the performance of all work under this contract they shall
not discriminate or permit discrimination in employment against any
person or group of persons on the grounds of race, color, religious
creed, age, marital status, national origin, sex or on the basis of
physical or mental disability, including but not limited to blindness,
unless it is shown by the contractor or subcontractor that such disability
prevents performance under the contract. The contractor and all sub-tier
contractors also agree that for purposes of monitoring compliance
with the provisions of this section they shall provide the City of
West Haven with such information as may be requested concerning their
employment practices and procedures. For purposes hereof, discrimination
in employment shall include but not be limited to employment advertising,
recruitment, layoff, termination, rates of pay or other forms of compensation,
conditions or privileges of employment.
(2) The contractor and all lower-tiered subcontractors shall post notices
in conspicuous places on the project site describing the provisions
of this subsection.
(3) Nothing contained herein is intended or shall be construed to relieve
any contractor or subcontractor from compliance with applicable federal
or state law concerning equal employment opportunity, affirmative
action or nondiscrimination.
C. All contracts entered into by the City of West Haven contemplating
work, utilizing trades or occupations for which state-certified apprenticeship
programs exist shall incorporate provisions requiring the contractor
and all lower-tiered subcontractors to be affiliated with such programs.
(1) The contractor or any lower-tiered subcontractor may be relieved
from compliance with this subsection if provisions of existing labor
agreements prevent compliance with the requirements hereof. In that
event, prior to the commencement of performance, the contractor or
subcontractor shall submit their reasons for such action in writing,
along with supporting documents, to the City of West Haven.
(2) In order to monitor compliance with the section, the City of West
Haven may request such relevant documents and documentation from the
contractor or from a subcontractor at any time during the term of
the contract. The contractor shall comply with any or arrange for
compliance with all such requests promptly.
(3) An apprentice is defined as a person employed under a written agreement
enrolled in a registered program by the State of Connecticut to work
at and to learn a specific trade as defined in Connecticut State General
Statutes Section 31-51(a).
D. If, after review, the city determines that the contractor or any
lower-tiered subcontractor has failed to comply with this section,
in addition to any other remedy available to it, the City of West
Haven may require corrective action to be taken by the contractor
or it may terminate the contract.